Contracting Entity
Your contracting entity depends on your principal place of business:
• Australia: Mint Australia Pty Ltd (ACN 634 104 895)
• New Zealand: Mint New Zealand Pty Ltd (NZBN: 9429050799244)
• United Kingdom: Mint Payments UK Limited (company no. 14167728)
• United States: Mint Payments USA, Inc. (EIN: 37‑2113583)
• Canada: Mint Payments Canada Limited (Ontario Corporation Number: 1001314815)
• Singapore: Mint Payments Asia Pte. Ltd. (registration no. 201111222W)
• European Union/EEA: IPG Europe Limited (company no. HE 357214)
• Hong Kong: IPGPAY Limited (registration no. 59480962)
Each entity, together with its related bodies corporate or related companies, is referred to as “Mint”, “we” or “us”.
Structure
These Global Terms apply to all users. A Jurisdictional Addendum for your country supplements and, where stated, modifies these terms. Schedules 1 to 5 set product‑specific terms and apply when you select to use the specific product. If there’s a conflict, your Jurisdictional Addendum prevails, then the relevant Schedule.
• Section 1: describes the process of registering for and using your Mint Merchant Account(s).
• Section 2: describes your use of the Mint Payments Portal and the Services.
• Section 3: describes the Services you may use to accept payments, perform other financial transactions, and perform transaction reporting (the Mint Services).
• Section 4: describes proper handling, management, and use of data, generated during your use of the Services, including your Customers' data.
• Section 5: describes your liability to Mint for all losses connected with your Mint Merchant Account(s), your agreement to resolve all disputes with Mint by expert determination and other legal terms that apply to you.
• Section 6: jurisdictional addenda that covers each jurisdiction’s specifics.
• Schedule 1 outlines the terms of the Card Payment Service.
• Schedule 2 describes the terms of the optional Mint EFT Payment Service.
• Schedule 3 describes the terms of the Pay by Bank Payment Service.
• Schedule 4 describes the terms of the Mint Protect optional Service.
• Schedule 5 describes the terms of the optional S700 Terminal hardware.
Agreement
This Mint Payments Global Services Agreement (Agreement) is a legal agreement between the applicable Mint entity identified above and the entity or person (you, your, Merchant) who registered to use the Mint platform by agreeing to the commercial proposal set out in the application form to which these Terms and Conditions are appended (Mint Commercial Proposal).
This Agreement governs your access to the application programming interface and any software, systems, and/or communication links provided by Mint (Mint Payments Portal), and your receipt of certain payment and business services made available by Mint and its affiliates (each, a Service).
This Agreement is a global framework across all Mint jurisdictions. Certain terms apply or are modified locally; such variations are identified in the relevant Addendum. If a provision is not enforceable in a jurisdiction due to local law, it is treated as inapplicable there without affecting the rest of the Agreement.
Mint Global Terms and Conditions
Section 1: General Terms
1. Overview of this Agreement
(a) This Agreement provides a general description of the Services Mint may provide to you, including those allowing you to accept payments from purchasers of your goods or services (your Customers) via the Mint Payments Portal. We provide you with a more detailed description of the Services through the Mint Payments Portal and additional resources made available to you on our website.
(b) Before using the Services, you must register with Mint and create one or more accounts (each a Mint Merchant Account).
2. Definitions
(a) “Account“ means the account held at your financial institution from which we or our Service Provider are authorised to arrange for payments to be made on your behalf.
(b) “Account Identifier“ means the relevant account identifier details for your jurisdiction, including but not limited to BSB and account number or PayID for the Account in Australia and New Zealand or the equivalent account identifiers for your relevant jurisdiction.
(c) “Authorisation“ means your authorisation of the Payment Agreement or amendment of the Payment Agreement with your financial institution.
(d) “Banking Day“ means a day other than a Saturday or a Sunday or a public holiday in your jurisdiction.
(e) “Card” means a payment card issued by a card issuer.
(f) “Cardholder” means the person in whose name a Card is issued.
(g) "Card Payment Service" means the card payment service offered by Mint on the terms outlined in Schedule 1.
(h) "Charge" means a credit or debit instruction to capture funds from an account that a Customer maintains with a bank or other financial institution in connection with a Transaction.
(i) “Consumer Law” means the applicable consumer protection laws in the Governing Jurisdiction, as further detailed in the relevant Jurisdictional Addendum.
(j) “Credentials Data” means any passwords, access tokens or other details used to access the Services.
(k) “Data” means all Credentials Data, Personal Data, User Data, Payment Data, and Mint Data.
(l) “Data Protection Laws” means the applicable data protection, privacy or similar laws in the Governing Jurisdiction, as further detailed in the relevant Jurisdictional Addendum.
(m) "Dispute" means a request or instruction initiated by a Customer or their financial institution with a Payment Service Provider or Mint, to reverse, recover or return funds in respect of an existing Charge, including, without limitation, a chargeback on a Card network under Network Rules, a dispute on a debit scheme under Network Rules, a dispute under a Pay by Bank process, or a reversal or recall under Mint EFT.
(n) "Equipment" means any physical hardware, such as a payment terminal, provided by Mint to you for use with the Services, as further described in Schedule 5.
(o) "Fine" means any fines, levies, or other charges imposed by us or a Payment Service Provider caused by your violation of Laws or this Agreement, or as permitted by Network Rules.
(p) “Governing Jurisdiction” means the country or territory whose laws govern this Agreement, as specified in the applicable Jurisdictional Addendum.
(q) “Mint Data” means details of the API transactions over Mint infrastructure, information used in fraud detection and analysis, aggregated or anonymized information generated from Data, and any other information created by or originating from Mint or the Services.
(r) "Mint EFT" means the optional direct debit payment services offered by Mint to eligible users, the terms of which are governed by Schedule 2 of this Agreement.
(s) "Mint Protect" means an optional commercial arrangement offered by Mint to eligible users, as described in Schedule 4 of this Agreement.
(t) "Network Rules" means the guidelines, bylaws, rules, and regulations imposed by the Payment Service Providers that operate payment networks supported by Mint (including the payment card network operating rules for Visa, MasterCard, American Express, Maestro, EFTPOS, JCB, Discover, UnionPay networks).
(u) "Payment" means a particular transaction where a payment is made from your Account.
(v) “Payment Data” means payment account details, information communicated to or by Payment Service Providers, financial information specifically regulated by Laws and Network Rules, and any other information used with the Mint Services to complete a Transaction.
(w) "Pay by Bank" means the optional payment method offered by Mint on terms outlined in Schedule 3 which enables Customers to make payments directly from their bank account using local banking rails.
(x) “Personal Data” means any information relating to an identified or identifiable natural person, or as otherwise defined by the applicable Data Protection Laws.
(y) “Process, Processing, Controller, Processor and Data Subject” have the meanings given to them in the applicable Data Protection Laws.
(z) "Refund" means an instruction initiated by you to return funds to a Customer for an existing Charge.
(aa) "Reversal" means an instruction initiated by a Payment Service Provider or us to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a Payment Service Provider; (ii) funds settled to you in error or without authorisation; and (iii) submission of a Charge in violation of Network Rules, or where submission of the Charge or your use of Mint Services violates this Agreement.
(bb) "Return" means an instruction initiated by you, a Customer, or a Payment Service Provider to return funds unrelated to an existing Charge.
(cc) "Transfer" means an instruction to credit funds to or debit funds from an account you designate with a Payment Service Provider.
3. Your Mint Merchant Account(s) and the Mint Payments Portal
(a) Registration and Permitted Activities: Only businesses (including sole proprietors) and other entities or persons located in a jurisdiction where Mint offers its services are eligible to apply for a Mint Merchant Account to use the Services described in this Agreement.
(b) To register for one or more Mint Merchant Accounts, you or the person or people submitting the application (your Representative) must provide us with your business or trade names, physical addresses, emails, phone numbers, business registration numbers, URLs, the nature of your business or activities, and certain other information about you that we require. We may also collect personal information (including name, birthdate, and government-issued identification number) about your beneficial owners, principals, and your Mint Merchant Account(s) administrator. Until you have submitted, and we have reviewed and approved all required information, your Mint Merchant Account(s) will be available to you on a preliminary basis only, and we may terminate the account(s) at any time and for any reason.
(c) When you agree to the Mint Commercial Proposal to use the Mint Payments Portal you are also agreeing with Mint Payments Direct Debit Request – Terms and Conditions, being the document linked [here].
(d) If you use Mint Services, your name (or the name used to identify you) and URL may appear on your Customers' bank or other statements. To minimise confusion and avoid potential disputes, these descriptors must be recognisable to your Customers and must accurately describe your business or activities. You may only use Payment Services to facilitate Transactions (as defined below) with your Customers. You may not use Payment Services to send money to others, to conduct any personal or non-commercial transactions, or for any other purposes prohibited by this Agreement.
(e) Business Representative: You and your Representative individually warrant that your Representative is authorised to provide the information described in this Section on your behalf and to bind you to this Agreement. We may require you or your Representative to provide additional information or documentation demonstrating your Representative's authority. Without the express written consent of Mint, neither you nor your Representative may register or attempt to register for a Mint Merchant Account on behalf of a user Mint previously terminated from use of the Services.
(f) If you are an individual trader, you and your Representative also warrant that your Representative is personally responsible and liable for your use of the Services and your obligations to Customers, including payment of any amounts owed under this Agreement.
(g) Validation and Guarantees: At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify you or your Representative's identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licences, or other information related to your business, its beneficial owners or principals. If you use Mint Services, we may also request that you provide copies of financial statements or records pertaining to your compliance with this Agreement, or require you to provide a personal or company guarantee, or to agree to certain funds being held as security for the performance of your obligations under this Agreement. Your failure to provide this information or guarantees may result in suspension or termination of your Mint Merchant Account(s).
(h) You authorise us to retrieve information about you from our service providers, including credit and information bureaus. You acknowledge that this may include your name, addresses, credit history, and other data about you or your Representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your Mint Merchant Account(s). Mint may periodically update this information as part of our risk analysis and minimisation procedures.
(i) You agree to keep your information in the Mint Payments Portal current. You must promptly update the Mint Payments Portal with any changes affecting you, the nature of your business activities, your Representatives, beneficial owners, principals, the current addresses of each of your offices, any and all trading/business names used by you, a complete description of goods sold, and services provided to your customers, and any other pertinent information. We may suspend your Mint Merchant Account(s) or terminate this Agreement if you fail to keep this information current.
(j) You must provide us with reasonable advance notice of any material change in the nature of your business, including: (i) you transfer or sell 25% or more of your total assets, or there is any change in control or merger of your business or parent entity; (ii) any voluntary administration or insolvency petition or proceeding, receivership, liquidation, bankruptcy, or similar action (each an Insolvency Event); (iii) any change to the Company’s operations that would materially affect the products or services sold, the procedures for payments acceptance or the fulfilment of obligations to a Cardholder; (iv) there is an adverse change in your financial condition; (v) or you receive a judgment, writ or warrant of attachment or execution, or levy against 25% or more of your total assets.
4. Your Relationship with Your Customers
(a) You may only use the Services for legitimate Transactions with your Customers. You are responsible for the relationship with your Customers. Mint is not responsible for the products or services you advertise or sell, or that your Customers purchase using the Services. You warrant that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers.
(b) Only you know or can confirm if any particular purchase, sale, order, or other transaction involving one of your Customers (each a Transaction) is accurate or correct, or typical for your business. You are responsible for knowing whether a Transaction initiated by one of your Customers is erroneous (such as purchasing the wrong item) or suspicious (such as unusual or large purchases, or a request for provision to a foreign country where this typically does not occur). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Customer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Services.
5. Fees and Fines
(a) We will provide the Services to you at the rates and for the fees (Fees) set out in set out in the Mint Commercial Proposal. The Fees include: (i) charges for Transactions (such as processing a payment); (ii) charges for other events connected with your Mint Merchant Account(s) (such as handling a disputed charge); and(iii) if applicable, Equipment Fees in accordance with the service description found in schedule 5.
(b) We may revise the Fees at any time upon 30 days' notice to you. If you do not agree to the revised Fees, you may terminate this Agreement without penalty within 30 days of us notifying you of the changes. We may charge additional Fees for cross-border transactions or foreign exchange services. In addition to the Fees, you are also responsible for any penalties or fines imposed on you or Mint by any bank, money services business, payment network, payment service provider or other financial intermediary (each a Payment Service Provider) resulting from your use of Mint Services in a manner not permitted by this Agreement or a Payment Service Provider’s rules and regulations or terms of use.
(c) We will issue you an invoice for the use of the Mint Payments Portal and the Mint Services by the 15th of each month for all transactions initiated by you for the previous month. You must pay the amounts set out on the invoice by the date specified. We reserve the right to charge interest on late payments at an amount equal to 1.5% per month (calculated and accrued daily, compounded monthly) on that unpaid amount on and from the date that payment was originally due.
(d) We are authorised to deduct any amounts owed to Mint via your Mint Payments DDR, including: (i) any costs Mint has had to incur relating to Transactions where Mint has paid out a refund or the underlying payment Transaction has otherwise been reversed; (ii) additional fees payable for any other Transactions or for additional Services as agreed between us; or (iii) any unauthorised, disputed (including but not limited to chargebacks) or incorrectly executed payment Transactions notified to Mint, plus any related interest and charges.
(e) If we cannot deduct the Fees or any authorised deductions via your Mint Payments DDR, Mint may issue an invoice to you for those amounts, and such amounts will be immediately due and payable.
(f) You acknowledge that Mint may be entitled to receive a commission relating to your use of the Mint Payments Portal and Mint Services.
(g) You acknowledge that the use of the Mint Services and/or Equipment (defined below) may incur charges from your mobile service provider including data and/or SMS/MMS services. Any such charges are your sole responsibility and any matters regarding these charges should be referred to your mobile service provider.
(h) You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority (Taxes), including without limitation any goods and services tax (or other value added tax), sales tax and/or harmonised sales tax on your Transactions or the Services provided under this Agreement.
(i) All payments to be made by you must be made free and clear, of and without deduction, of any Taxes unless you are required to make such a payment subject to the deduction or withholding of Tax, in which case the sum payable by you (in respect of which such deduction or withholding is required to be made) shall be increased to the extent necessary to ensure that we receive a sum net of any withholding or deduction equal to the sum which it would have received had no such deduction or withholding been made or required to be made.
6. Services and Mint Merchant Account Support
(a) We will provide you with support to resolve general issues relating to your Mint Merchant Account(s) and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of Mint’s support pages, Mint’s API documentation, and other pages on our website (together, Documentation). The most efficient way to get answers to your questions is to review the Documentation. If you still have questions after reviewing the Documentation, please contact us via one of the methods on the support pages.
(b) You are solely responsible for providing support to Customers regarding Transaction receipts, product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your Customers.
7. Taxes and Other Expenses
(a) Our Fees are exclusive of any applicable Taxes, except as expressly stated to the contrary. You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services or payments you receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax authorities. If we are required to withhold any Taxes, or we are unable to validate any tax-related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate authority. Upon our reasonable request, you must provide us with information regarding your tax affairs.
8. Service Limitations, Prohibited Activities, Fraud and Security Controls
(a) Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (Laws) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, competition, privacy, data protection, and any other Laws relevant to Transactions.
(b) Restricted Businesses: You may not use the Services, for your benefit or the benefit of another, for any activities that fall within the categories of restricted or prohibited businesses (each a Restricted Business) as identified by the Payment Service Provider(s) designated for your account. These include, but are not limited to, activities in or for the benefit of any country, organisation, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by relevant authorities (e.g., Australia, the United Kingdom, New Zealand, the United States, Canada, Singapore, Hong Kong). The specific lists of Restricted Businesses applicable to your account are determined by your designated Payment Service Provider(s) and are available for review here. You are responsible for thoroughly reviewing these lists before registering for and using the Mint Payments Portal. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact us. Payment Service Providers may add to or update their respective lists of Restricted Businesses at any time.
(c) Prohibited Activities: You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for non-commercial, personal, household or domestic purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Mint systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by other users; or (ix) impose an unreasonable or disproportionately large load on the Service (each a Prohibited activity).
(d) Fraud and Security Controls: You, and the fraud controls that you put in place in your business, are the first line of defence against fraudulent transactions (see Section 4.3(c) below for more detail). However, we also may suggest security procedures and controls intended to reduce the risk to you of fraud (Security Controls). You agree to review any such suggested Security Controls and the Documentation that we provide to you, and to select the Security Controls that meet your business requirements. If you believe that the Security Controls we suggest are insufficient, then you agree to separately implement additional controls that meet your requirements.
9. Suspicion of Unauthorised or Illegal Use
(a) We may refuse, condition, or suspend any Transactions that we believe may violate this Agreement or other agreements you may have with Mint; or that expose you, Mint, or others to risks unacceptable to Mint. If we suspect or know that you are using or have used the Services for unauthorised, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Mint Merchant Account(s), your Customers, and Transactions made through your use of the Services.
10. Disclosures and Notices; Electronic Signature Consent
(a) Consent to Electronic Disclosures and Notices: By registering to use the Mint Payments Portal, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Mint (Notices), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
(b) Methods of Delivery: You agree that Mint can provide Notices regarding the Services to you through our website or through the Mint Payments Portal, or by mailing Notices to the email or physical addresses specified in the Mint Payments Portal. Notices may include notifications about your Mint Merchant Account(s), changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
(c) SMS and Text Messages: You authorise us to provide Notices to you via text message to allow us to verify your or your Representative's access to the Mint Payments Portal (such as through two-step verification or other multifactor system), and to provide you with other critical information about your Mint Merchant Account(s). Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications in the Mint Payments Portal by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security procedures and controls intended to reduce the risk of fraud to you and your Customers on your Mint Merchant Account(s) and may increase the risk of loss to your business.
(d) Requirements for Delivery: You will need a computer or mobile device, Internet connectivity, and an updated browser to access the Mint Payments Portal and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find another means of delivery.
(e) Electronic delivery: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices.
11. Termination
(a) Term and Termination: This Agreement is effective upon the date you first access the Mint Payments Portal or use the Services and continues until terminated by you or Mint. You may terminate this Agreement on 30 days’ written notice in the Mint Payments Portal and ceasing to use the Services. If you use the Services again or register for another Mint Merchant Account, you are consenting to this Agreement.
(b) We may terminate this Agreement or remove your access to the Mint Payments Portal for any reason by providing you with 30 days' prior written notice.
(c) We may suspend your access to the Mint Payments Portal and/or the Services, or terminate this Agreement, if: (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your use of the Mint Payment Portal and/or the Services; (ii) you use the Services in a prohibited manner, for a Prohibited Activity, or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law or Service Provider requires us to do so; (iv) a Payment Services Provider de-registers Mint as an IPSP and/or a payment facilitator, or if a Service Provider ceases to be a member of either a Scheme for any reason, or if a Service Provider fails to have a valid license with a Scheme to use any Mark accepted by the Customer; (v) you materially alter your website content without a Payment Service Provider’s or Mint’s prior written consent or change your business or alter your business model during the term of the Agreement, or if there is a direct or indirect change of control of you or any parent company; (vi) you or any person authorised or facilitated by you has undertaken or facilitated a Restricted Business or Prohibited Activity or Mint has reasonable grounds to suspect Restricted Business or Prohibited Activity has or may be undertaken or facilitated by you; (vii) following a review by Mint, we consider in our reasonable opinion, that the Mint Payments Portal is not compliant with any Law and which may materially affect delivery of the Mint Services or affect Mint’s compliance with any Law; or (viii) you become subject to an Insolvency Event.
(d) Effects of Termination: Termination does not immediately relieve you of your obligations under this Agreement. Upon termination, you agree to: (i) complete all pending Transactions; (ii) stop accepting new Transactions through the Mint Payments Portal; and (iii) immediately remove all Mint or payment network logos from your website (unless permitted under a separate licence with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you in accordance with Section 3.
(e) In addition, upon termination you understand and agree that: (i) all licences granted to you by Mint under this Agreement will end; (ii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data (subject to any retention requirements under Law); and (iii) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
Section 2: Mint Technology
1. Mint Payments Portal and Mint Services
(a) Mint has developed and provides access to the Mint Payments Portal and related technology services (the Mint Services) to facilitate your ability to accept payments from your customers and make payments to your suppliers. In regions where Mint is not authorised under relevant legislation or regulations to provide payment processing services, Mint does not provide any payment processing services itself in which case, those payment processing services are provided by the Payment Service Provider and are subject to the Payment Service Terms (as defined below in Section 3, subsection 5(a)).
(b) You may use the Mint Payments Portal and Mint Services solely as described in the Documentation to process Transactions or otherwise use the Services on websites and through the applications identified in the Mint Payments Portal. You may, through the Mint Payments Portal, access features of the Mint Services, manage your Mint Merchant Account, connect with third-party services, and configure payment and operational settings for your business.
(c) You may use the Mint Payments Portal to utilise the Services including the Mint Services on your website or inside your mobile applications subject to the relevant Payment Service Provider’s terms and conditions. You may not use the Mint Payments Portal for any purpose, function, or feature not described in the Documentation or otherwise agreed with us in writing. Due to the nature of the Services, we will update the Mint Payments Portal and Documentation from time to time and may add or remove functionality. We will provide you Notice if we change, deprecate, or remove functionality from the Mint Payments Portal in a way that will impact your use of the Services so that you may continue using the Services with minimal interruption.
(d) We will give you credentials to access the Mint Payments Portal. You are responsible for securing your credentials, do not publish or share them with any unauthorised persons. Failure to secure your credentials will increase the likelihood of fraud on your Mint Merchant Account(s) and potential losses to you or your Customers. You must contact us immediately if you become aware of any unauthorised use of your credentials or any other breach of security regarding the Services. Information on security controls is available in Section 4.
2. Ownership of Mint IP
(a) Mint or its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trade marks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Mint Payments Portal, Services, APIs, and Documentation (collectively, Mint IP) or any copies thereof. Mint IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and Mint reserves all rights in Mint IP not expressly granted to you in this Agreement.
(b) You may choose to or we may invite you to submit comments or ideas about improvements to the Mint Payments Portal, Services, our APIs, or any other component of our products or services (Ideas). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Mint has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you, and that if we do use your Idea it is thereafter deemed to be Mint IP for all purposes.
3. Licence
(a) Mint grants you a non-exclusive and non-transferable licence to electronically access and use the Mint IP only in the manner described in this Agreement. Mint does not sell to you, and you do not have the right to sublicence, the Mint IP. We may make updates to the Mint IP or new Services available to you automatically as electronically published by Mint, but we may require action on your part before you may use the Mint IP or new Services (including activation through the Mint Payments Portal, or acceptance of new or additional terms). Mint may revoke or terminate this licence at any time if you use Mint IP in a manner prohibited by this Agreement.
(b) You may not: (i) claim or register ownership of Mint IP on your behalf or on behalf of others; (ii) sublicence any rights in Mint IP granted by us; (iii) import or export any Mint IP to a person or country in violation of any country's export control Laws; (iv) use Mint IP in a manner that violates this Agreement or Laws; or (v) attempt to do any of the foregoing.
4. Mint Marks; References to Our Relationship
(a) We may make certain Mint logos or marks (Mint Marks) available for use by you and other users to allow you to identify Mint as a service provider. To use Mint Marks, you must first contact Mint and obtain consent to use the Mint Logos or marks. Mint may limit or revoke your ability to use Mint Marks at any time. You may never use any Mint Marks or Mint IP consisting of trademarks or service marks without our written permission, or in a manner that may lead people to confuse the origin of your products or services with ours.
(b) You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Mint arising out of or in connection with a breach of the provisions of this Agreement relating your use of Mint Marks and Mint IP.
(c) During the term of this Agreement, you may publicly identify us as the provider of the Services to you and we may publicly identify you as a Mint user. If you do not want us to identify you as a user, please let us know. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and Mint. Upon termination of this Agreement, both you and Mint will remove any public references to our relationship from our respective websites.
Section 3: Service Providers
1. Mint Services Overview
(a) Mint provides you Mint Services through various Payment Service Providers. Mint Services allow you to accept payment from your Customers for Transactions. The Payment Service Providers or we may limit or refuse to process Charges (as defined below) for any Restricted Business, or for Charges submitted in violation of this Agreement. To use the Mint Services, you must agree to comply with each Payment Service Provider’s rules and regulations or terms of service and to ensure that you do not commit an act or omission that would cause Mint to be in breach of any Payment Service Provider’s rules and regulations or terms of service as described in Section 3.5. You must also accept separate agreements with certain Payment Service Providers as described in Section 3.5.
2. Registering for Use of Mint Services
(a) When you register a Mint Merchant Account, you may be asked for financial information, or information we use to identify you, your Representatives, principals, beneficial owners, and other individuals associated with your Mint Merchant Account(s). Throughout the term of this Agreement, we may share information about your Mint Merchant Account(s) with Payment Service Providers in order to verify your eligibility to use the Mint Services, establish any necessary accounts or credit with Payment Service Providers, monitor Charges and other activity, and/or conduct risk management and compliance reviews. We will review and may conduct further intermittent reviews of your Mint Merchant Account(s) information to determine that you are eligible to use the Mint Services. Mint's use of the information you provide to us under this Agreement is described in more detail in Section 4.
(b) Direct Debit Request Service Agreement: the terms and conditions which explain what your obligations are when undertaking a direct debit arrangement with us and what our obligations are to you as your direct debit provider are set out in the Mint Commercial Proposal you agreed to and are incorporated into this Agreement.
3. Processing Transactions, Disputes
(a) Authorisation and submission of Charges: You must institute fraud control measures in your business to ensure that only transactions and Charges authorised by your Customers are submitted through the Mint Services. By using the Mint Services, you: (i) authorise and direct Mint through its Payment Service Providers to receive and pay funds owed to you; and (ii) appoint Mint as your agent for the sole purpose of providing the Mint Services to you. You must not, other than as required by the Payment Services Terms (each as defined below), grant or assign to any third party any lien on or interest in funds that may be owed to you under this Agreement until the funds are deposited into your Mint Merchant Account(s).
(b) Direct relationship with Customers: You are solely responsible for managing your direct relationship with Customers, including but not limited to: (i) acquiring valid consent to submit Charges through the Mint Services on their behalf; (ii) providing appropriate confirmation or receipts to Customers for each Charge; (iii) verifying Customers' identities; and (iv) determining a Customer's eligibility and authority to complete Transactions.
(c) Liability for Disputes, chargebacks and related losses: Mint is not responsible for or liable to you or any third party for authorised and completed Charges that are later the subject of a Dispute, Refund, Reversal or chargeback, are submitted without authorisation or in error, or violate any Laws. You are solely and immediately responsible to us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing, including but not limited to: (i) fraudulent transactions; (ii) non-delivery of goods or services; (iii) duplicate charges; or (iv) customer dissatisfaction unless a claim is expressly covered under the Mint Protect service described in Schedule 4.
(d) Obligations in event of Dispute: If a Dispute or other issue contemplated under Section 3.3(c) arises, you must within 14 days of receiving notice of the Dispute or chargeback: (i) respond to the Dispute; (ii) provide complete and timely supporting evidence (e.g. customer communications, proof of delivery, or refund); (iii) cooperate with Mint and any Payment Service Providers in the chargeback process; and (iv) where applicable, refund Customers directly if goods or services are not delivered. Failure to comply with these obligations may result in loss of eligibility for dispute support, imposition of additional charges, or suspension or termination of your access to the Mint Services, in the sole discretion of Mint, acting reasonably.
(e) Challenging a Dispute: You may have the ability to challenge a Dispute by submitting evidence through the Mint Payments Portal or to us directly. We may request additional information to provide to Payment Service Providers to assist you in contesting the Dispute. Payment Service Providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a Payment Service Provider may credit funds associated with the Charge that is the subject of the Dispute (or a portion thereof) to your Mint Merchant Account or to us.
(f) Fraud Liability and 3D Secure: Mint offers 3D Secure (3DS) as an optional security feature. If you do not request activation of 3DS at onboarding or at a later date via written instruction and receive written confirmation from Mint that 3DS has been enabled on your account, you acknowledge and accept full liability for any fraud-related chargebacks that might otherwise have been prevented by 3DS. Mint is not responsible for any failure to enable or support 3DS where: (i) it has not been requested by you; (ii) your systems, platforms, or integrations are incompatible with 3DS; or (iii) issues arise that are outside of Mint's control. You acknowledge and accept that, without 3DS enabled, you are solely liable for all fraud-related chargebacks that 3DS could have mitigated, and you waive any claim against Mint in respect of such losses.
(g) Reversals: Mint or a Payment Services Provider may issue a Reversal for any Charge where: (i) a Charge is made without the account owner's authorisation; (ii) the transaction breaches Network Rules or relates to a Restricted Business; or (iii) any other risk or compliance concerns arise. If Mint or a Payment Service Provider issue a Reversal, Mint or the Payment Services Provider will notify you of the Reversal and its cause.
(h) Dishonours and settled Transactions: You acknowledge that in the event an account or transaction is dishonoured, rejected or overdrawn after Mint has settled a Transaction, Mint will: (i) recoup all settled funds; and (ii) notify you of all dishonours, rejections, overdraws, and reversals.
(i) Mint's Role in Disputes: You acknowledge that Mint's role in any Dispute is to act as a conduit for information between you, the Payment Service Provider, and the relevant payment networks. The final determination of the outcome of a Dispute (including a chargeback) is made solely by the relevant Payment Service Provider, card scheme (e.g., Visa, Mastercard), and/or the Customer's financial institution in accordance with their established rules and procedures. Mint does not adjudicate or decide the outcome of any Dispute.
(j) Complaint Handling: For complaints, please contact us at complaints@mintpayments.com. Specific complaint handling procedures, including rights to escalate unresolved complaints to external dispute resolution schemes (such as an Ombudsman), are set out in the applicable Jurisdictional Addendum.
4. Responsibilities and Disclosures to Your Customers
(a) When using the Mint Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the Mint Payments Portal; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use the Mint Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform Customers that Mint and its global affiliates process Transactions (including payment Transactions) for you. You also agree to maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.
(b) You must comply with all applicable Consumer Laws in your interactions with Customers, including any specific requirements outlined in the applicable Jurisdictional Addendum.
5. Payment Service Providers and Payment Service Terms
(a) Your use of the Mint Services is subject to additional terms that apply between you and one or more of Mint, a Mint affiliate, or a Payment Service Provider (Payment Service Terms). By using the Mint Services, you agree to be bound by the specific Payment Service Terms applicable to the Services you receive, as designated by Mint for your account, which can be accessed here (including those that separately bind you with certain Payment Service Providers). Additionally, a Payment Service Provider may enforce the terms of this Agreement directly against you with respect to that provider’s payment method(s).
(b) We may add or remove Payment Service Providers or payment methods at any time. The Payment Service Terms may also be amended from time to time. Your continuing use of the Mint Services constitutes your consent and agreement to such additions, removals and amendments.
(c) You authorise us to designate which Payment Services Providers may hold settlement funds, on deposit and in trust, pending transfer of funds to you in accordance with the terms of this Agreement. A clearing account through which funds are settled may be maintained by a Payment Service Provider, and transfers to you from this account will be a full and final payment to you.
6. Specific Payment Methods
(a) Mint accepts the payment methods outlined in Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5.
(b) You acknowledge that the payment methods outlined in Schedule 2, Schedule 3, Schedule 4, and Schedule 5 are opt-in products. Accordingly, the terms of the relevant Schedule will only apply if (i) you have requested such payment method at onboarding or at a later date in writing; and (ii) Mint has provided written confirmation that the payment method has been enabled on your account.
(c) All payment methods are governed by the terms contained within their relevant Schedules.
7. Collection Rights and Guarantees
(a) Free and Clear: All payments to be made by you to Mint shall be made free and clear, and without deduction, of any Taxes unless you are required to make such a payment subject to the deduction or withholding of Tax, in which case the sum payable by you (in respect of which such deduction or withholding is required to be made) shall be increased to the extent necessary to ensure that we receive a sum net of any withholding or deduction equal to the sum which we would have received had no such deduction or withholding been made or required to be made.
(b) Collection Rights: You agree to pay all amounts owed by you to us and to our affiliates on demand. Where possible, we will first attempt to debit the relevant Mint Merchant Account under the Mint Payments DDR. However, we may collect any obligations you owe us under this Agreement from any of your Mint Merchant Accounts through a Mint Payments DDR. Your failure to pay amounts owed to us or to our affiliates by you under this Agreement is a breach and you will be liable for any costs we incur during collection in addition to the amount you owe. Collection costs may include, legal fees and expenses, costs of any successful expert determination or court proceeding, collection agency fees, any applicable interest, and any other related cost.
(c) In certain circumstances, we may require a personal, parent or other guarantee, or agreement that certain funds be held as security for the performance of your obligations under this Agreement (each a Guarantee) from a user’s principal, owner, or other guarantor. A Guarantee may consist of a legally binding promise by an individual or an entity to pay any amounts the user owes in the event that the user is unable to pay. If we require you to provide us with a Guarantee, we will specifically inform you of the amount of, and the reasons for the Guarantee. If you are unable to provide such a Guarantee when required, you will not be permitted to use the Services.
8. Reconciliation and Error Notification
(a) The Mint Payments Portal contains details of Charges, Charge history, and other activity on your Mint Merchant Account(s). Except as required by Law, you are solely responsible for reconciling the information in the Mint Payments Portal generated by your use of Mint Services with your records of Customer Transactions, and for identifying any Transaction errors. You agree to review your Mint Merchant Account(s) on a regular basis and immediately notify us of any errors. We will investigate any reported errors, including any errors made by Mint or the Payment Services Providers, and attempt to rectify them in the Mint Payments Portal if possible. Your chance of recovering funds you have lost due to a Transaction error will be very limited if we did not cause the error, or if funds are no longer available in any Recipient Account. We will work with you and the Payment Services Providers to correct a Transaction error in accordance with Network Rules.
Section 4: Data Usage, Privacy, and Security
1. Data Usage Overview
(a) This section describes our respective obligations when handling and storing information connected with the Services.
(b) Mint processes, analyses, and manages Data to: (i) provide Services to you, other Mint users, your Customers, and Customers of other Mint Users; (ii) mitigate fraud, financial loss, or other harm to users, Customers and Mint; and (iii) analyse, develop and improve our products, systems, and tools. Mint provides Data to third-party service providers, including Payment Service Providers and their affiliates, as well as identification and anti-fraud service providers, as described in our Privacy Policy and permitted under Data Protection Laws. You acknowledge and agree that, due to the global nature of Mint's operations and its service providers, your Data may be transferred to, stored, and processed in countries outside of your principal place of business. We do not provide Personal Data to unaffiliated parties for marketing their products to you. You understand and consent to Mint’s use of Data for the purposes and in a manner consistent with this Section 4 and as further detailed in the applicable Jurisdictional Addendum.
(c) You grant us a worldwide, perpetual, sub-licensable, royalty-free right and licence to compile, collect, copy, modify, publish and use anonymous and/or aggregate data generated from or based on the Data and your use of the Services, for purposes including but not limited to analytics, improving the Services, developing new products, and providing aggregated market insights.
2. Data Protection and Privacy
(a) Confidentiality: Mint will only use User Data as permitted by this Agreement, by other agreements between you and us, our Privacy Policy, or as otherwise directed by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement. Neither party may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so or has another lawful basis under applicable Data Protection Laws. You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Network Rules.
(b) Privacy Policy: Our privacy policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we update from time to time.
(c) Your Compliance: You warrant that you are and will remain compliant with all applicable Data Protection Laws governing your collection, use, and disclosure of Data. You warrant that you have obtained all necessary rights, consents, and authorisations under applicable Laws to disclose to Mint, or allow Mint to collect, use, retain, and disclose any Personal Data that you provide to us or authorise us to collect, including Data that we may collect directly from Customers. You are solely responsible for providing all necessary privacy notices and disclosures to Customers as required by Law, including informing them that Mint processes transactions and data on your behalf.
(d) Data Incidents: If you become aware of an unauthorised acquisition, disclosure or loss of Data on your systems (a Data Incident), you must notify us without undue delay. You must provide us with sufficient information regarding the Data Incident to allow us to comply with our own legal obligations and to help mitigate any negative impact. If we become aware of a Data Incident on our systems affecting your Customers' Personal Data, we will notify you in accordance with our obligations under applicable Data Protection Laws.
(e) PCI Compliance: If you use the Mint Services to accept card payments, you must comply with the Payment Card Industry Data Security Standard (PCI DSS). You agree to maintain a PCI DSS-compliant system or use a PCI DSS-compliant service provider for storing, processing, or transmitting Cardholder Data. You must not store Sensitive Authentication Data (e.g., CVV) after authorisation. Upon our request, you must promptly provide evidence of your PCI DSS compliance.
(f) Jurisdiction-Specific Obligations: Additional data protection and privacy obligations specific to your jurisdiction are set out in the applicable Jurisdictional Addendum.
3. Security and Fraud Controls
(a) Mint’s Security: Mint is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorised access, accidental loss, modification, or breach, and we will comply with applicable Laws and Network Rules when we handle Data. However, you acknowledge that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement the Security Controls and any additional controls that meet your specific requirements. We may take any action, including suspension of your access to the Mint Payments Portal, to maintain the integrity and security of the Services or Data. You waive any right to make a claim against us for losses you incur that may result from our actions.
(b) Your Security: You are solely responsible for the security of your Credentials Data and any other Data on your website, your servers, in your possession, or that you are otherwise authorised to access or handle. You will comply with applicable Laws and Network Rules when handling or maintaining User Data and Personal Data, and will provide evidence of your compliance to us on request. If you do not provide evidence of such compliance to our satisfaction, we may suspend transactions on your account or terminate this Agreement.
(c) Your Responsibility for Fraud: You are solely responsible for losses you or your Customers incur from the use of lost or stolen payment credentials or accounts by fraudsters who engage in fraudulent Transactions with you. Your failure to implement appropriate Security Controls will increase the risk of fraud. We may assist you with recovering lost funds, but you are solely responsible for losses due to lost or stolen credentials or accounts, compromise of your Credentials Data, and any other unauthorised use of the Mint Payments Portal or modification of your Mint Merchant Account(s). Mint is not liable or responsible to you for any losses that result from the use of lost or stolen credentials or accounts to engage in fraudulent Transactions, unless such losses result from Mint’s wilful misconduct. You will fully reimburse us for any losses we incur that result from the use of lost or stolen credentials or accounts.
4. Global DPA
(a) Sub‑processors: Mint maintains a public sub‑processor list; will notify materially significant changes at least 30 days in advance; Merchant may reasonably object (and Mint may propose alternatives or allow termination of the relevant Service).
(b) International transfers: Where transfers occur to third countries, Mint will implement SCCs (EU) and IDTA/Addendum (UK) and appropriate supplementary measures.
(c) Security/Breach: Mint will notify without undue delay (target within 72 hours of confirmation) with required particulars.
(d) Return/Deletion: On termination or request.
Section 5: Additional Legal Terms
1. Right to Amend
(a) We may amend this Agreement at any time. We will provide you with advance written notice of any material changes that may reasonably be considered to have an adverse impact on your rights or obligations. The notice period will be reasonable in the circumstances and as required by applicable Law (and as specified in the applicable Jurisdictional Addendum where required). For all other changes, we may notify you by posting the revised Agreement on our website. Your continued use of the Services after the effective date of the changes will constitute your acceptance of the amended terms. If you do not agree to the changes, you may terminate the Agreement by providing written notice to us before the effective date, without penalty.
2. Assignment
(a) You may not assign this Agreement, any rights or licences granted in this Agreement, or the operation of your Mint Merchant Account(s) to others without our prior written consent. If we consent to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. Mint may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable Notice to you.
3. Right to Audit
(a) If we or a Payment Service Provider believes that a security breach, leak, loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, we may require you to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities. The auditor will issue a report to us and our Payment Service Providers (as relevant).
4. No Agency; Third-Party Services
(a) Nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us, or with any Payment Service Provider. Each party to this Agreement, and each Payment Service Provider, is an independent contractor. Unless a Payment Service Provider expressly agrees, neither you nor we have the ability to bind a Payment Service Provider to any contract or obligation, and neither party will represent that you or we have such an ability.
5. Force Majeure
(a) Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; pandemics; or any other event over which the respective party has no reasonable control (a Force Majeure Event). However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Reversals, or Returns under this Agreement.
6. No Waiver
(a) Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by Law or under this Agreement by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by Law or under this Agreement.
7. Representations and Warranties
(a) By accepting the terms of this Agreement, you represent and warrant that: (i) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (ii) any information you provide us about your business, products, or services is accurate and complete; (iii) any Charges represent a Transaction for permitted products or services, and any related information accurately describes the Transaction; (iv) you will fulfil all of your obligations to Customers and will resolve all Disputes with them; (v) you will comply with all Laws applicable to your business and use of the Services; (vi) you will not use Mint Services for household purposes or peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and (vii) you will not use the Service, directly or indirectly, for any fraudulent or illegal undertaking, or to interfere in any manner with the normal operation of the Service.
8. No Warranties
(A) WE PROVIDE THE SERVICES AND MINT IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY MINT OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES CREATES OR IMPLIES ANY WARRANTY FROM A MINT ENTITY TO YOU.
(B) YOU AFFIRM THAT NO MINT ENTITY CONTROLS THE PRODUCTS OR SERVICES THAT YOU OFFER OR SELL OR THAT YOUR CUSTOMERS PURCHASE USING THE MINT SERVICES. YOU UNDERSTAND THAT WE CANNOT GUARANTEE AND WE DISCLAIM ANY KNOWLEDGE THAT YOUR CUSTOMERS POSSESS THE AUTHORITY TO, OR WILL COMPLETE ANY TRANSACTION.
(C) THE MINT ENTITIES DISCLAIM ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (I) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (III) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (IV) THAT MINT WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.
(D) NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD CONTRAVENE THAT LAW OR CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID. SPECIFIC PROVISIONS REGARDING NON-EXCLUDABLE STATUTORY RIGHTS ARE CONTAINED IN THE APPLICABLE JURISDICTIONAL ADDENDUM.
9. Limitation of Liability
(a) Neither party is liable for any loss or damage which is not loss or damage arising naturally and in the usual course of things from the relevant facts or circumstances giving rise to the breach of this Agreement or the relevant loss, and specifically neither party will be liable for: (i) indirect or consequential loss; or, (ii) loss of revenue (other than in respect of Fees payable by you), loss of profits, loss of opportunity, loss of data, loss of goodwill, wasted expenditure, or loss of business reputation.
(b) The Mint Entities are not liable for any damages, harm, or losses to you or your Customers arising from or relating to hacking, tampering, or other unauthorised access or use of the Services, your Mint Merchant Account(s), or Data, or your failure to use or implement anti-fraud measures or Security Controls.
(c) Nothing in this Agreement limits or excludes a party’s liability for: (i) its indemnification or confidentiality obligations under this Agreement; (ii) fraud or wilful misconduct; (iii) death or personal injury caused by its negligence; or (iv) any other liability which cannot be limited or excluded by applicable Law.
(d) Subject to the clauses above, each party's total aggregate liability under this Agreement will not exceed the amount of Fees paid by you to Mint during the twelve-month period immediately preceding the event that gave rise to the claim for damages.
10. Indemnities
(a) You will indemnify, defend, and hold us and our affiliates (each a Mint Entity) harmless from and against all claims, liabilities, damages, and costs (including legal fees) arising out of or related to: (i) your use of the Services in breach of this Agreement, the Law, or Network Rules; (ii) any actual or alleged infringement of a third party's intellectual property rights by you; (iii) any data leak or security incident associated with your systems; (iv) your relationship with your Customers; or (v) the negligence or wilful misconduct of your employees or agents.
(b) We will indemnify, defend, and hold you harmless from and against third-party claims to the extent the claims allege that the Services, as provided by Mint and used by you in accordance with this Agreement, infringe a third party's intellectual property rights.
11. Dispute Resolution
(a) This Agreement and any dispute or claim arising out of it will be governed by and construed in accordance with the laws of the Governing Jurisdiction. The parties agree to the dispute resolution procedure and exclusive jurisdiction of the courts specified in the applicable Jurisdictional Addendum.
12. Entire Agreement
(a) This Agreement, including the applicable Jurisdictional Addendum and all documents incorporated by reference, constitutes the entire agreement between you and Mint for the Services. It prevails over any conflicting policy or agreement. If any provision of this Agreement is held to be invalid or unenforceable, it will be reformed to the extent possible, and all remaining provisions will continue in full force and effect.
13. Survival
(a) All provisions of this Agreement that give rise to a party’s ongoing obligation will survive termination of this Agreement, including but not limited to Sections 1.3, 1.6, 1.7, 1.8, 1.10(b), 2.2, 3.7, 3.8, 4.3, 5.4, 5.5, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13 and any related terms in the applicable Schedules or Jurisdictional Addendum.
Section 6: Jurisdictional Addenda
1. Addendum A: Australia
(a) This Addendum applies if your principal place of business is in Australia. It supplements and modifies the Mint Global Terms and Conditions.
(b) Consumer Law: For the purposes of this Agreement, “Consumer Law” means the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). If you are a “consumer” or “small business” as defined in the Consumer Law, certain statutory guarantees and rights apply to the Services and cannot be excluded (Non-Excludable Provisions). Nothing in this Agreement is intended to exclude, restrict or modify any Non-Excludable Provisions. To the extent permitted by law, Mint’s liability for a breach of a Non-Excludable Provision is limited to (at Mint's option): (a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and (b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
(c) Unfair Contract Terms: The parties acknowledge that the unfair contract terms regime under the Consumer Law may apply to this Agreement if you are a small business. Mint will not enforce any term of this Agreement to the extent that it is determined to be an “unfair term”.
(d) Data Protection & Privacy: “Data Protection Laws” means the Privacy Act 1988 (Cth) (Privacy Act) and any other applicable Australian privacy legislation. “Personal Data” has the meaning of “Personal Information” in the Privacy Act. Both parties must comply with the Australian Privacy Principles (APPs). Where Mint discloses Personal Data overseas, it will comply with APP 8.1. You consent to Mint verifying your identity using third-party systems and providing your information to credit reporting bodies.
(e) Complaint Handling: If you have a complaint, please contact us first. If your complaint is not resolved to your satisfaction, you may refer it to the Australian Financial Complaints Authority (AFCA).
(f) Mint is a member of AFCA (Member No. 86889).
(g) Governing Law and Jurisdiction: This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
2. Addendum B: United Kingdon
(a) This Addendum applies if your principal place of business is in the United Kingdom. It supplements and modifies the Mint Global Terms and Conditions.
(b) Definitions: “Data Protection Laws” means the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
(c) Consumer Law: “Consumer Law” means the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Nothing in this Agreement affects your statutory rights.
(d) Payment Services Regulations: Mint will provide the Services in compliance with the Payment Services Regulations 2017 (PSRs). This includes requirements for information provision, safeguarding of funds, and liability for unauthorised transactions.
(e) Data Protection: For the purposes of the UK GDPR, both parties generally act as independent controllers of Personal Data. Each party will comply with its obligations under the Data Protection Laws, including implementing appropriate security measures and cooperating with data subject rights requests. Where Mint transfers Personal Data outside the UK, it will ensure appropriate safeguards are in place as required by UK GDPR.
(f) Limitation of Liability: Nothing in this Agreement shall limit or exclude Mint's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, as provided under the Unfair Contract Terms Act 1977.
(g) Complaint Handling: If you have a complaint, please contact us first. If you are an eligible complainant and your complaint is not resolved, you may be able to refer it to the Financial Ombudsman Service (FOS).
(h) Governing Law and Jurisdiction: This Agreement is governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
(i) Complaining timing: For payment services complaints, Mint will respond within 15 business days (or 35 in exceptional circumstances) per PSRs 2017/DISP; eligible complainants may escalate to the FOS
3. Addendum C: United States of America
(a) This Addendum applies if your principal place of business is in the United States. It supplements and modifies the Mint Global Terms and Conditions.
(b) Data Protection & Privacy: “Data Protection Laws” includes all applicable federal and state data privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and others.
(c) Data Processing Terms: For the purposes of applicable US state privacy laws, Mint acts as a “Service Provider” or “Processor” on your behalf. We will not retain, use, or disclose Personal Data for any purpose other than for the specific purpose of performing the Services specified in this Agreement, or as otherwise permitted by applicable law. We will not “sell” or “share” Personal Data as those terms are defined in applicable US state privacy laws. We will assist you with verifiable consumer requests as required by law.
(d) Notice to California Residents: If you are a California resident, you have specific rights regarding your personal information. These rights, and information on how to exercise them, are detailed in our Privacy Policy, including your right to know, delete, correct, and opt-out of the “sale” or “sharing” of your personal information.
(e) For the purposes of the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and similar state laws where applicable, Mint acts as a “Service Provider” or “Processor” to you. Mint will collect, process, and retain Personal Data only on your behalf and for the business purposes explicitly defined in this Agreement, including providing the Services, fraud prevention, and compliance with legal obligations. Mint will not sell, share, or use Personal Data collected under this Agreement for any purpose other than as necessary to perform the Services or as otherwise permitted by applicable Data Protection Laws. Mint will not retain, use, or disclose Personal Data outside of the direct business relationship between Mint and you, except as necessary to provide the Services, prevent fraud, or comply with applicable Laws.
(f) State Law Applicability: You are responsible for determining your obligations under applicable state privacy laws based on your relationship with your Customers.
(g) No Money Transmission: You acknowledge that Mint is not a licensed money transmitter in all states. Payment processing services that constitute money transmission are provided by our licensed Payment Service Provider partners.
(h) Warranties: The “as is” and “as available” disclaimers in section 5.8 of the global terms and conditions apply to the fullest extent permitted by law. some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
(i) Governing Law and Jurisdiction: This Agreement is governed by the laws of the State of New York and the federal laws of the United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
4. Addendum D: New Zealand
(a) This Addendum applies if your principal place of business is in New Zealand. It supplements and modifies the Mint Global Terms and Conditions.
(b) Consumer Law: “Consumer Law” means the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA). If you are acquiring the Services for the purposes of a “business” as defined in the CGA, you agree that the provisions of the CGA do not apply. For all other customers, nothing in this Agreement limits your rights under the CGA. To the extent the FTA applies, the parties will not enforce any term deemed to be an “unfair contract term”.
(c) Data Protection & Privacy: “Data Protection Laws” means the Privacy Act 2020. “Personal Data” has the meaning of “personal information” in the Privacy Act 2020. Both parties must comply with the Information Privacy Principles (IPPs). Where Mint discloses Personal Data outside of New Zealand, it will comply with IPP 12.
(d) Complaint Handling: If you have a complaint, please contact us first. If your complaint is not resolved to your satisfaction, you may refer it to Financial Services Complaints Ltd (FSCL), an approved dispute resolution scheme.
(e) Governing Law and Jurisdiction: This Agreement is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
5. Addendum E: Singapore
(a) This Addendum applies if your principal place of business is in Singapore. It supplements and modifies the Mint Global Terms and Conditions.
(b) Payment Services Act: Mint will provide the Services in compliance with its obligations under the Payment Services Act 2019 (PSA), including requirements related to user protection, safeguarding, and anti-money laundering controls.
(c) Data Protection & Privacy: “Data Protection Laws” means the Personal Data Protection Act 2012 (PDPA). Both parties will comply with the PDPA, including its provisions on consent, purpose limitation, notification, and cross-border data transfers. You are responsible for obtaining valid consent from your Customers for the collection, use, and disclosure of their Personal Data.
(d) Limitation of Liability: For the avoidance of doubt, nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, as restricted by the Unfair Contract Terms Act.
(e) Contracts (Rights of Third Parties) Act: A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.
(f) Governing Law and Jurisdiction: This Agreement is governed by the laws of the Republic of Singapore. The parties submit to the exclusive jurisdiction of the courts of Singapore.
6. Addendum F: Hong Kong
(a) This Addendum applies if your principal place of business is in Hong Kong. It supplements and modifies the Mint Global Terms and Conditions.
(b) Data Protection & Privacy: “Data Protection Laws” means the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO). Both parties must comply with the six Data Protection Principles under the PDPO. You may not use any Personal Data obtained through the Services for direct marketing without obtaining the Customer's explicit consent as required by the PDPO.
(c) Limitation of Liability: The ability of the parties to limit or exclude liability is subject to the Control of Exemption Clauses Ordinance (Cap. 71). Nothing in this Agreement is intended to contravene this ordinance.
(d) Payment Systems Regulation: Mint will comply with applicable requirements under the Payment Systems and Stored Value Facilities Ordinance (Cap. 584) as required.
(e) Governing Law and Jurisdiction: This Agreement is governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong.
(f) AMLO: Mint complies with the Anti‑Money Laundering and Counter‑Terrorist Financing Ordinance (Cap. 615) and the PSSVFO (Cap. 584); Merchant will provide KYC/UBO and cooperate with AML/CTF controls.
7. Addendum G: Canada
(a) This Addendum applies if your principal place of business is in Canada. It supplements and modifies the Mint Global Terms and Conditions.
(b) Data Protection & Privacy: “Data Protection Laws” means the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation, including Quebec's Act respecting the protection of personal information in the private sector (Law 25). Both parties will comply with their respective obligations under these laws, including principles of accountability, consent, and purpose limitation.
(c) Quebec-Specific Terms: If you are located in Quebec, you confirm your express wish that this Agreement and all related documents be drawn up in the English language. Vous confirmez votre volonté expresse que cette convention et tous les documents s'y rattachant soient rédigés en anglais. The provisions of Quebec’s Consumer Protection Act may apply and will prevail over any conflicting term in this Agreement.
(d) Anti-Spam Legislation: You warrant that you will comply with Canada's Anti-Spam Legislation (CASL) in relation to any commercial electronic messages (CEMs) you send.
(e) Governing Law and Jurisdiction: This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Toronto, Ontario.
(f) FINTRAC/PCMLTFA and RPAA: Mint complies with PCMLTFA and FINTRAC guidance and with the Retail Payment Activities Act. Merchant will provide information and documentation reasonably required for Mint’s FINTRAC/RPAA obligations; Mint may suspend Services as required by law or supervisory direction.
8. Addendum H: European Union / EEA
(a) Data Protection & Privacy:
I. Roles. To the extent Mint processes Personal Data on your documented instructions for the purpose of providing the Services, you are the controller and Mint is the processor. Where Mint independently determines purposes and means (e.g., fraud prevention, security, compliance), Mint acts as an independent controller.
II. Data Processing Terms. The parties incorporate by reference a Data Processing Addendum meeting GDPR Article 28 requirements (including confidentiality, security, assistance, sub processor controls, deletion/return, audits). On request, Mint will provide a current sub processor list and notify you of material changes.
III. International Transfers. Where Mint transfers Personal Data outside the EU/EEA, Mint shall implement a valid transfer mechanism, including the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914), together with transfer risk assessments and supplementary measures as required.
IV. SCCs with Sub processors. Mint will flow down Art. 28 equivalent obligations to sub processors and, where relevant, execute SCCs with such sub processors.
V. Security & Breach Notice. Mint will maintain appropriate technical and organisational measures. Where Mint acts as processor and becomes aware of a Personal Data Breach affecting your Personal Data, Mint will notify you without undue delay and provide reasonable cooperation to support your compliance with GDPR.
(b) Payment Services (PSD2) & SCA: Mint provides Services in accordance with PSD2 and applicable Member State rules, including Strong Customer Authentication (SCA) where required. You must not take any action that would prevent or inhibit the application of SCA to transactions that require it.
(c) Complaints & Redress (Payments): For complaints relating to rights and obligations under PSD2, Mint will provide a final response within 15 business days of receipt, or, in exceptional circumstances beyond Mint’s control, provide a holding reply and a final response within 35 business days. You may have access to out of court redress procedures provided under national law.
(d) Consumer Law: Nothing in this Agreement limits or excludes any non waivable rights under applicable EU or Member State consumer protection laws. You remain responsible for your own obligations to your customers under such laws (e.g., disclosures, refunds, cancellations).
(e) AML/CTF Cooperation: You will provide accurate and current KYC/UBO information on request, cooperate with Mint’s AML/CTF controls, including sanctions screening, and maintain AML records for statutory periods. Mint may suspend Services where required to comply with applicable law.
(f) Governing Law and Jurisdiction: This Addendum and any non contractual obligations arising out of or in connection with it are governed by the laws of the Republic of Cyprus. The parties submit to the courts of Cyprus for disputes arising out of or in connection with this Addendum. (Rationale: the contracting EU entity in your front page is IPG Europe Limited, a Cyprus company.)